Commonwealth v. Brown
AC 16-P-67
| Mass. App. Ct. | Mar 31, 2017Background
- On July 4, 2013, Troopers stopped a car driven by Tyriek Brown; his license was suspended and the car was towed after passengers lacked valid licenses.
- An inventory search of the vehicle uncovered a pistol in the rear console; its magazine held five bullets.
- The rear-seat passenger told police the gun was hers and she left it in the console; her out-of-court statements admitting ownership were admitted as statements against interest; she did not testify at trial.
- Brown made statements claiming he disarmed a woman at his ex-girlfriend’s house and handed the gun to the rear passenger to dispose of later.
- Brown was indicted and tried for unlawful possession of a firearm (G. L. c. 269, § 10(a)) and unlawful possession of a loaded firearm (G. L. c. 269, § 10(a) & (n)); jury convicted on both counts.
- On appeal the central legal question was whether the Commonwealth must prove the defendant knew the firearm was loaded to convict under § 10(a) & (n); the court also considered sufficiency of evidence and a closing-argument claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 10(n) requires proof that defendant knew the gun was loaded | Commonwealth: no separate scienter for loaded element; proving possession of a loaded firearm only requires that the possessed firearm was loaded | Brown: must prove defendant knew the firearm was loaded; knowledge is an element of the enhanced offense | Court: Knowledge that the gun was loaded is required; Johnson controlling; must prove defendant knew it was loaded |
| Sufficiency of evidence that Brown knew the gun was loaded | Commonwealth: did not meaningfully contest; relied on statutory construction | Brown: evidence insufficient because pistol with magazine does not visibly show rounds and no proof Brown knew magazine was loaded | Held: Evidence legally insufficient to prove Brown knew the gun was loaded; acquittal on loaded-firearm count |
| Jury instruction on knowledge that gun was loaded | Commonwealth: model instructions (no loaded-gun scienter) adequate | Brown: failure to instruct on loaded-gun knowledge risked miscarriage of justice | Held: Instruction error unnecessary to decide because scienter was required and evidence insufficient; but jury question on knowledge highlighted the issue |
| Prosecutor’s closing argument suggesting passenger was "covering for her boyfriend" | Commonwealth: argued as reasonable inference from evidence; not a misstatement of fact | Brown: argument was improper fact not in evidence | Held: Even if improper, no substantial risk of miscarriage of justice; harmless |
Key Cases Cited
- Commonwealth v. Johnson, 461 Mass. 44 (SJC 2011) (held possession of ammunition under § 10(h) requires knowledge and treated ammunition-possession as lesser included offense of loaded-firearm charge)
- Commonwealth v. Jefferson, 461 Mass. 821 (SJC 2012) (dicta addressing inference of knowledge for revolvers; left open whether scienter required for loaded-firearm enhancement)
- Commonwealth v. Boone, 356 Mass. 85 (SJC 1969) (read a knowledge element into earlier § 10 version despite lack of express scienter)
- Commonwealth v. Jackson, 369 Mass. 904 (SJC 1976) (interpreted § 10 to require proof defendant knew he was carrying a firearm)
- Commonwealth v. Lawson, 46 Mass. App. Ct. 627 (Mass. App. Ct. 1999) (discussed that "knowingly" imports perception of facts necessary to make up the crime)
- Commonwealth v. Vick, 454 Mass. 418 (SJC 2009) (articulated elements-based test for lesser included offenses)